You hear a lot about layoffs these days. More than 200 New Process Gear in East Syracuse, 175 people at Super Steal in Schenectady and 25 people at New York Air Brake in Watertown. And workers in many cases heard about them well in advance. The federal WARN law says workers must get 60 days notice for big layoffs, with the law only applying to companies with 100 employees or more. State lawmakers didn’t think that went far enough, so, it was back in September when Governor Paterson and Labor Department Commissioner Patricia Smith, standing in front of Tech Valley Printing, a company that Smith said laid off 150 people and then let the Department of Labor know, unveiled New York’s own WARN law.

If you have 50 or more workers, you must give 90 days notice on layoffs of more than two dozen. And if you don’t, you face $500 a day fines.

“I anticipate a spike in closures in the month of January, because this law takes effect on February 1st,” said lawyer Mathew Tully.

Tully, of the Tully Rinckey Law Firm, says the law drives up the cost of doing business in New York and will hurt businesses the most that are already struggling to stay open.

“Business owners have been contacting us because if they announce the potential for layoffs on 90 days notice, their business is almost guaranteed to fail,” Tully said.

The Business Council of New York also opposes the state WARN law. A spokesperson told us, via email, that the federal law is working. The fines for not reporting the layoff only hurts the companies, their employees and the economy.

]]>http://www.tullylegal.com/albany-ny/news/warn-law-causing-controversy/feed/0Achieving New Heights: Local Attorney State’s First Space Officerhttp://www.tullylegal.com/albany-ny/news/achieving-new-heights-local-attorney-state%e2%80%99s-first-space-officer/
http://www.tullylegal.com/albany-ny/news/achieving-new-heights-local-attorney-state%e2%80%99s-first-space-officer/#commentsWed, 24 Dec 2008 18:48:53 +0000Mathew B. Tully, Esq.http://albany-ny.tullylegal.com/news/achieving-new-heights-local-attorney-state%e2%80%99s-first-space-officer/Lawyers in space? Well, maybe not yet, but local attorney Mathew Tully recently took one giant step for the legal profession. Tully, a partner at Tully Rinckey, a law firm with offices in Albany and Washington D.C. specializing in military …

Lawyers in space? Well, maybe not yet, but local attorney Mathew Tully recently took one giant step for the legal profession.

Tully, a partner at Tully Rinckey, a law firm with offices in Albany and Washington D.C. specializing in military matters, and a major in the 42nd Division of the Army National Guard, based in Troy, recently completed training at the National Security Space Institute (NSSI) to become one of only 200 space operations officers in the Army.

“The Army recently put out a policy that requires all 18 divisions, 12 active duty and six reserves, to have one person qualified in space operations,” Tully said.

Details of space operations are classified, Tully said, but noted that a lot of what he learned pertains to GPS technology used to track soldiers, assets and manage GPS-guided munitions.

“I learned how to use it and how to fix it,” he said.

Part of the training also pertained to space-based intelligence.

“With satellites, the next logical step is that there is a reconnaissance element. We learn how recon satellites are used to help the war fighters. I learned what recon satellites are out there, and how I can help the private on the ground in Iraq,” he said.

NSSI is a school at Patterson Air Force Base in Colorado Springs. It was created by former secretary of defense Donald Rumsfeld to train members of the military and intelligence communities on the country’s space-based assets.

“The army’s take is that the two future war areas are space and cyber war, so Rumsfeld spent a lot of money in those areas,” Tully said. “In five years, you’ll see a lot more space warfare. These satellites cost billions, so why kill a tank when you can kill a satellite?”

While most of the nation’s space assets are managed by the Air Force, Tully said the Army is a user of those same assets, and as such, it is interested in having personnel trained to use the systems.

Upon graduating from NSSI, Tully received the Air Force Space Medal, certifying him as a space professional. Most of the nation’s space professionals are in the Air Force, and Tully noted that his four-month NSSI class was unusual in that there were only two Air Force officers, out of 16 students. The rest of the students came from other branches of the military and the intelligence community.

“Generally, (the class) is the Air Force teaching the Air Force, but I was an odd ball,” he said.

Tully, in addition to practicing law in the United States, has been admitted to practice in the Supreme Court of England and Wales, earning him the title of English Solicitor.

“I may be the first attorney to receive this training, and I’m certainly the first English solicitor,” he said, adding that his legal experience in matters pertaining to the military allowed him to bring more background knowledge to the NSSI training.

“I’m at the forefront with this in the Army. I have combat experience in Iraq, plus being an attorney with space training, I’m able to bring a lot of experience,” he said. “I was able to challenge my instructors and fellow-classmates, I was able to question things more than a military person would have, since I could ask questions about what treaties or conventions might apply,” he said.

As far as actually venturing into space, Tully noted that the Army currently has six astronauts, and the first step going into space is becoming a space operations officer.

As to whether he might consider applying to become an astronaut by signing on to a two-year training program in Texas, Tully simply noted that he is heavier than the maximum weight of 200 pounds.

“I haven’t been under 200 pounds since the sixth grade,” he said.

More seriously, he noted that he didn’t want to leave his successful law practice, which specializes in fighting employment suits brought by military reservists who return from deployment to find their job gone or changed.

Instead, Tully, 35, having served in the military since 1995, said he is excited to bring what he learned at NSSI to benefit New York.

“I’ll certainly use what I’ve learned the next time I deploy, and even before that, you can use satellite technology to assess snowfall in a major natural disaster,” Tully said. “I’m the only space professional in New York, and this state has never before been able to pick up a phone and call in space assets.”

Mathew Tully writes a monthly column for The Saratogian. His next installment will appear in the Dec. 28 issue.

]]>http://www.tullylegal.com/albany-ny/news/achieving-new-heights-local-attorney-state%e2%80%99s-first-space-officer/feed/0Tully Rinckey PLLC & Albany Family Court Children’s Centerhttp://www.tullylegal.com/albany-ny/news/tully-rinckey-pllc-albany-family-court-childrens-center/
http://www.tullylegal.com/albany-ny/news/tully-rinckey-pllc-albany-family-court-childrens-center/#commentsMon, 22 Dec 2008 18:51:49 +0000Greg T. Rinckey, Esq.http://albany-ny.tullylegal.com/news/tully-rinckey-pllc-albany-family-court-children%e2%80%99s-center/For the second year in a row, Capital Region law firm Tully Rinckey PLLC has joined Albany County Family Court in ensuring a merry Christmas for local families through participation in the Court’s eighth annual Adopt-a-Family program. The program is …

For the second year in a row, Capital Region law firm Tully Rinckey PLLC has joined Albany County Family Court in ensuring a merry Christmas for local families through participation in the Court’s eighth annual Adopt-a-Family program.

The program is organized through the Children’s Center at the Family Court, which provides a safe environment for children to play and learn while their parents are dealing with court matters. In its founding, the program was completely funded by the Center’s Board of Directors, who reached into their own pockets for the funds. Each year since, the Center has partnered with other organizations to sponsor about 15 families a year.

Members of Tully Rinckey came together throughout the month of December to organize their donation to one of the deserving families for the holiday season.

“We saw a wonderful opportunity to give a family the Christmas they deserve. The Family Court Children’s Center provides such a great service to kids by giving them an opportunity to escape from the adversarial atmosphere that can develop in Court,” said Greg T. Rinckey, managing partner of Tully Rinckey PLLC. “I hope other organizations follow our lead and sponsor a family through the Center next year.”

The firm’s family and matrimonial law department, which ranks as one of the largest in the Capital Region, regularly handles cases in Albany County Family Court.

]]>http://www.tullylegal.com/albany-ny/news/tully-rinckey-pllc-albany-family-court-childrens-center/feed/0Local Attorney Graduates from Prominent Military Space Programhttp://www.tullylegal.com/albany-ny/news/local-attorney-graduates-from-prominent-military-space-program/
http://www.tullylegal.com/albany-ny/news/local-attorney-graduates-from-prominent-military-space-program/#commentsMon, 15 Dec 2008 18:50:52 +0000Mathew B. Tully, Esq.http://albany-ny.tullylegal.com/news/local-attorney-graduates-from-prominent-military-space-program/Tully Rinckey PLLC is pleased to announce that founding partner Mathew B. Tully, Esq. has successfully graduated from the clandestine National Security Space Institute (NSSI.) Tully is one of the few attorneys and the sole English solicitor to have attended …

Tully is one of the few attorneys and the sole English solicitor to have attended and graduated from the NSSI. His enrollment in the program results from his position as a Space Operations Officer with the New York Army National Guard.

The NSSI is the Department of Defense’s premier institute for providing servicemembers with the space education and training required to support military operations and advance US national security interests.

“Not only has this training put me on the forefront of cutting edge technology, but the experience as a whole has allowed me to see firsthand the space systems knowledge and capabilities of our military,” said Tully.

Program graduates include servicemembers from all branches of the armed forces, as well as representatives from the National Reconnaissance Office, NASA, and various national intelligence agencies.

Tully has applied his personal experience in the armed forces to the daily mission of his law firm, Tully Rinckey PLLC. The firm is widely regarded as holding one of the nation’s leading military law practices.

]]>http://www.tullylegal.com/albany-ny/news/local-attorney-graduates-from-prominent-military-space-program/feed/0Family and Medical Leave Act (FMLA)http://www.tullylegal.com/albany-ny/blog/family-and-medical-leave-act-fmla/
http://www.tullylegal.com/albany-ny/blog/family-and-medical-leave-act-fmla/#commentsSun, 14 Dec 2008 15:47:25 +0000Tully Rinckey PLLChttp://albany-ny.tullylegal.com/blog/family-and-medical-leave-act-fmla/Tonight was my first night back in the studio after returning home from military duty and I think we picked a great topic to discuss. Joining me to talk about the Family and Medical Leave Act (FMLA), including the new …

]]>Tonight was my first night back in the studio after returning home from military duty and I think we picked a great topic to discuss. Joining me to talk about the Family and Medical Leave Act (FMLA), including the new regulations that employers and employees need to know, was Mathew Tully, employment law attorney at Tully Rinckey PLLC.

For those of you unfamiliar with FMLA, the Act requires employers to give 12 weeks of unpaid leave to employees who are seriously sick, have a chronic condition, or who are pregnant or adopting a child. It also covers employees who must take leave to care for sick family members. However, this can’t be just any member of your extended family, it only applies to next of kin, which includes a spouse, son or daughter, sibling or parent.

Tully explained that there are certain requirements that must be met in order to utilize FMLA: the employer must have 50 or more employees and the employee must have worked there for one year or have worked a total of 1250 hours in a year. Employees also must give at least 30 days notice if possible and supply the required notifications from doctors.

New regulations, which will need to be implemented by January 26th, 2009, affect military servicemembers, who are now allowed 26 weeks unpaid sick leave in order to care for family members who are injured during active duty. The new regulations also cover periods of short deployment, giving family members the chance to make the proper arrangements before leaving.

I know how important this Act and the new regulations are, especially with the number of returning servicemembers coming home from serving our country. If you have questions about your rights under FMLA or would like to speak to an experienced attorney, call Tully Rinckey at 518-218-7100.

]]>http://www.tullylegal.com/albany-ny/blog/family-and-medical-leave-act-fmla/feed/0County Outlaws Texting Behind the Wheelhttp://www.tullylegal.com/albany-ny/news/county-outlaws-texting-behind-the-wheel/
http://www.tullylegal.com/albany-ny/news/county-outlaws-texting-behind-the-wheel/#commentsThu, 11 Dec 2008 18:55:10 +0000Thomas J. Carr, Esq.http://albany-ny.tullylegal.com/news/county-outlaws-texting-behind-the-wheel/Texting, especially popular among youngsters, will soon be added to the list of activities that could get you pulled over while driving in Schenectady County. The County Legislature voted Tuesday night 11-2 to prohibit writing, sending and reading text messages …

Texting, especially popular among youngsters, will soon be added to the list of activities that could get you pulled over while driving in Schenectady County.

The County Legislature voted Tuesday night 11-2 to prohibit writing, sending and reading text messages while behind the wheel, becoming the fourth county in New York to do so. The law takes effect March 1 and carries a fine of up to $150.

Legislature Chairwoman Susan Savage, who sponsored the bill, called the matter “an important public safety issue” she believes will save lives.

Republicans Joseph Suhrada and James Buhrmaster cast the two dissenting votes. Legislators Jeffrey McDonald and Robert Farley, the GOP minority leader, were absent.

On Wednesday, Suhrada dismissed the legislation as political expediency on Savage’s part.

“It was a cheap political stunt to draw people’s attention from the political nightmare the county finds itself in,” Suhrada said, adding the panel needs to refocus its attention on the county’s fiscal woes. “I’m all for keeping kids safe, but let’s get our priorities straight and cure our financial disease.” He believes that any texting ban needs to be statewide to have real impact on safety.

Savage doesn’t believe it makes sense to wait for the state. Local attorney Thomas Carr attorney believes the push to make texting while driving illegal is nothing more than feel good legislation. “The bottom line is that you can’t legislate common sense,” he said.

Texting is prohibited in the states of New Jersey, Alaska, California, Connecticut, Minnesota, Louisiana and Washington.

]]>http://www.tullylegal.com/albany-ny/news/county-outlaws-texting-behind-the-wheel/feed/0Schenectady County Bans Texting While Drivinghttp://www.tullylegal.com/albany-ny/news/schenectady-county-bans-texting-while-driving/
http://www.tullylegal.com/albany-ny/news/schenectady-county-bans-texting-while-driving/#commentsWed, 10 Dec 2008 18:53:42 +0000Thomas J. Carr, Esq.http://albany-ny.tullylegal.com/news/schenectady-county-bans-texting-while-driving/The next time you get behind the wheel, be sure to keep your cell phone in your pocket. Beginning this coming March, it will be illegal to text and drive in Schenectady County. County legislators have passed a law prohibiting …

The next time you get behind the wheel, be sure to keep your cell phone in your pocket. Beginning this coming March, it will be illegal to text and drive in Schenectady County.

County legislators have passed a law prohibiting drivers from using their phone to read or write messages. That makes Schenectady the first county in our area to put such a ban in place.

Supporters say the ban is for your safety.

“When there’s a good idea you don’t have to wait until there’s state legislation, it’s an idea that’s widely recognized and is one that can save lives,” said county legislature chairwoman Susan Savage.

People caught texting while driving face a fine of up to $150.

Some skeptics say it may be difficult for police to enforce the new law.

“In order to make a call you have to press the buttons on your phone. That’s the same activity you make than bans text messaging while driving. The way the bill is written, it’s going to be difficult for someone to prove someone was texting as opposed to making a cell phone call,” said Thomas Carr of Tully Rinckey PLLC.

Schenectady is not the only place with a text message law in place. States like Connecticut, New Jersey and Washington already have texting laws effect.

]]>http://www.tullylegal.com/albany-ny/news/schenectady-county-bans-texting-while-driving/feed/0Mediationhttp://www.tullylegal.com/albany-ny/blog/mediation/
http://www.tullylegal.com/albany-ny/blog/mediation/#commentsSun, 07 Dec 2008 15:52:11 +0000Barbara J. King, Esq.http://albany-ny.tullylegal.com/blog/mediation/Stepping in again tonight to host the show was Barbara King, family and matrimonial attorney and partner at Tully Rinckey PLLC. Taking on the topic of mediation, she was joined by special guest Jeffrey Cohen, a prominent mediation attorney in …

]]>Stepping in again tonight to host the show was Barbara King, family and matrimonial attorney and partner at Tully Rinckey PLLC. Taking on the topic of mediation, she was joined by special guest Jeffrey Cohen, a prominent mediation attorney in the Capital Region.

In my years in the legal profession, I’ve found that many people often confuse the mediation process with what’s known as arbitration. Mediation is a less formalized legal process that is based on self-determination, meaning the two parties involved ultimately make the decisions. This differs from arbitration, wherein an arbitrator will make the decision for the couple, which they must then follow.

As a mediator, Jeff explained that his role is a neutral one, in which he helps his clients make educated choices without bringing any preconceived notions into the mix. He’s had extensive training on how to be completely unbiased, something important to look for in a mediator. There are many benefits to choosing mediation over going to court, including saving time and money. The mediation process is generally much faster than a court proceeding and much less expensive.

While Jeff said nearly 90 percent of his cases have been successful, not every couple is a good candidate for mediation. For instance, couples dealing with domestic violence issues often have an imbalance of power that does not lend itself to the mediation process. Cases in which there is a noticeable financial imbalance are usually not good candidates either.

If you have questions about the mediation process or would like to speak to Barbara King or one of the other attorneys at Tully Rinckey, please call 518-218-7100 or visit our website at www.tullylegal.com.

]]>http://www.tullylegal.com/albany-ny/blog/mediation/feed/0Analysts: ‘Fragging’ Verdict Shows System Workshttp://www.tullylegal.com/albany-ny/news/analysts-fragging-verdict-shows-system-works/
http://www.tullylegal.com/albany-ny/news/analysts-fragging-verdict-shows-system-works/#commentsSat, 06 Dec 2008 19:08:30 +0000Greg T. Rinckey, Esq.http://albany-ny.tullylegal.com/news/analysts-fragging-verdict-shows-system-works/A soldier’s exoneration in the bombing deaths of two superiors in Iraq shows military juries are not just “rubber stamps” for commanders and can be independent thinkers, legal analysts said Friday. A Fort Bragg jury on Thursday found New York …

A soldier’s exoneration in the bombing deaths of two superiors in Iraq shows military juries are not just “rubber stamps” for commanders and can be independent thinkers, legal analysts said Friday.

A Fort Bragg jury on Thursday found New York National Guard Staff Sgt. Alberto Martinez not guilty of premeditated murder in the first alleged “fragging” case from the wars in Iraq and Afghanistan. Killing a superior officer in the military was known by the term during the Vietnam War.

The 14 soldiers on the jury, all of whom outranked Martinez, heard six weeks of testimony and deliberated nearly two days before coming to a conclusion that surprised some trial watchers.

Among civilians, there are probably concerns “that military court panels are hang-’em-high, kangaroo court, rubber stamps for the commander,” said Michelle McCluer, a former Air Force attorney and executive director of the Washington-based National Institute of Military Justice.

“If you take a look at the numbers of acquittals in military courts … it is clear that court-martial panels take their role as independent triers of fact seriously,” said McCluer, who prosecuted and defended military cases for 11 years.

Martinez, 41, of Troy, N.Y., was accused in the deaths of his company commander, Capt. Phillip Esposito, 30, of Suffern, N.Y., and operations officer 1st Lt. Louis Allen, 34, of Milford, Pa. All three men were members of the 42nd Infantry Division. Martinez could have faced the death penalty if he had been convicted.

McCluer said many people following the case believed Martinez, who witnesses said threatened to kill Esposito, would be found guilty.

That included some in the courtroom, who reacted angrily after the verdict was read.

Allen’s widow, Barbara Allen, exclaimed, “He slaughtered our husbands and that’s it?” Others also yelled out before the judge quickly ordered the courtroom to be cleared.

Esposito’s widow, Siobhan Esposito, said in an interview Friday that she’s outraged.

“I’m in a state of shock,” she said. “He threatened to murder my husband, and he did it. That jury let him walk away. He gets to go home to his family. My husband never got to do that because he took that away.”

But the judge early in the trial said the case was circumstantial: There were no fingerprints or DNA linking Martinez to the bombing, no witnesses to say they saw him commit the crime.

McCluer said defense lawyers prefer such cases.

“Those are the ones you can poke the most holes in. But as a prosecutor, I have gotten convictions on purely ‘he said, she said’ cases,” McCluer said.

Former military lawyer Greg Rinckey agreed. Now an attorney in Albany, N.Y., he handles military cases. He said testimony revealed Martinez felt violent urges toward his commander, but prosecutors “couldn’t connect all the dots.”

Martinez and the officers were based at Forward Operating Base Danger near Tikrit. Esposito and Allen were killed when hundreds of pellets from a Claymore anti-personnel mine in their window ripped through their room at the base late on June 7, 2005. They died the next day.

Prosecution witnesses testified that Martinez grew hostile after serving under Esposito, a by-the-book officer who thought Martinez’s handling of his unit’s supply room was sloppy. Witnesses said night vision goggles and gas masks had been misplaced and Martinez didn’t believe in using receipts to track equipment he handed out.

Several witnesses said Martinez made derogatory comments about Esposito, and one witness said Martinez threatened to “frag” his commander more than once.

Martinez chose not to testify during the trial.

The Army’s chief prosecutor at Fort Bragg, Lt. Col. Kerry Erisman, said the military wouldn’t have charged Martinez if it didn’t believe he committed the killings.

Defense lawyers portrayed Martinez as someone who didn’t have the skills to commit such a crime, and they raised enough reasonable doubt to win an acquittal, said Rinckey.

“The military is going to drive on and respect the verdict of the panel,” Rinckey said. “It sent a message that the Army took this very seriously and court-martialed a soldier and the evidence wasn’t there.”

]]>http://www.tullylegal.com/albany-ny/news/analysts-fragging-verdict-shows-system-works/feed/0Widows of Fragging Victims Said They Had Refused to Consider a Plea Dealhttp://www.tullylegal.com/albany-ny/news/widows-of-fragging-victims-said-they-had-refused-to-consider-a-plea-deal/
http://www.tullylegal.com/albany-ny/news/widows-of-fragging-victims-said-they-had-refused-to-consider-a-plea-deal/#commentsSat, 06 Dec 2008 18:59:14 +0000Greg T. Rinckey, Esq.http://albany-ny.tullylegal.com/news/widows-of-fragging-victims-said-they-had-refused-to-consider-a-plea-deal/The widows of two Army officers slain in Iraq three years ago said they had refused to consider a plea deal for the soldier accused of killing their husbands because they wanted the truth to come out. That man, Staff …

The widows of two Army officers slain in Iraq three years ago said they had refused to consider a plea deal for the soldier accused of killing their husbands because they wanted the truth to come out.

That man, Staff Sgt. Alberto Martinez, 41, of Troy, N.Y., was acquitted Thursday by a 14-member military jury on two charges of premeditated murder in the deaths of Capt. Phillip Esposito of Suffern, and 1st. Lt. Louis Allen of Milford, Pa. Prosecutors had alleged Martinez planted a claymore mine in Esposito’s window at a military post in Iraq, and set off other explosions on June 7, 2005, that killed the two men.

“We got a call from Iraq to gauge our feelings about a guilty plea, and we said no, we needed the truth,” said Barbara Allen, Allen’s widow. “At that point, we had faith in the judicial system.”

Siobhan Esposito, Phillip Esposito’s widow, said the call came before a military pretrial hearing that was held in Kuwait in late 2005.

“We said absolutely not,” said Esposito.

The Army did not immediately respond to a request for comment. Allen said she rejected the possibility of a plea deal because she wanted Martinez’s full involvement to come to light and because it would have taken the death penalty off the table.

Martinez eventually pleaded not guilty to the charges a few weeks before the start of the trial in late October.

“This is a sad day for the military justice system and the armed forces of the United States of America and for the children who will never see their fathers again,” Esposito said.

Phillip Esposito left behind one daughter and Allen four sons.

“The panel said if you don’t like your commander it’s OK to frag him,” she said.

Fragging is military slang for the intentional killing of an officer, especially by hand grenade. Martinez was the first U.S. soldier to be tried for fragging since the beginning of the war in Iraq.

The 14-member jury, split equally among men and women, consisted of eight officers and six enlisted service members. Two of the jurors were a married couple who acknowledged during the selection process that they were against the death penalty, according to victims’ family.

Allen said she was devastated and intended to explore other options to get recourse.

“They’ve declared open season on the officers,” said Allen. “I would like the government to explain to me that if Staff Sgt.

Alberto Martinez did not slaughter my husband, who did?”

The verdict shocked many in the Army who had been following the six-week trial through media reports.

“Armywide, the reaction has been of shock and some disbelief that this has actually happened,” said Greg Rinckey, a former Judge Advocate General’s Corps attorney now in private practice in Albany. “Just about everybody believes that he did it and he got out.”

Michael Diederich, another former JAG attorney who now practices in Stony Point, said he was surprised by the verdict. But, like many familiar with the case, he said the Criminal Investigation Division’s agents did a poor job of investigating the case, allowing the defense to create reasonable doubt in the minds of jury members who voted to acquit Martinez.

With Thursday’s acquittal, Rinckey said, Martinez was a free man, though the Army could bring some misconduct charges against him. He could return to his unit, the 42nd Infantry Division based in Troy. He could also ask for a discharge.

The families of the victims had limited options, Rinckey said. They could file a civil suit against Martinez, but because the crime occurred overseas, no state would have jurisdiction. The Army cannot be sued for negligence.

The verdict would likely lower the morale of the Army, with soldiers already struggling with multiple tours of duty, he said.

But in the end, Rinckey said, the verdict wouldn’t have much of an impact.

“The Army is going to shrug it off and soldier on, and say justice is done,” he said.